Goldman, Sachs & Co. v. City of Reno

I concur with Parts III-A and III-B of the Majority’s opinion.

I concur that the district court erroneously concluded that Goldman, Sachs & Co. (“Goldman”), as a member of the Financial Industry Regulatory Authority (“FINRA”), agreed to FINRA arbitration on the issue of arbitrability itself. Rather, courts should decide where an agreement does not provide “clear and unmistakable” evidence that the parties intended FINRA *748would determine the issue of arbitrability. Thus, the district court erred in delegating this matter to FINRA.

I also concur with the Majority’s conclusion that a “customer” is…